Scenario

You have just received the details about Mrs. Peterson's medical malpractice case that your law firm has filed on her behalf.

On January 1, 2012 Mrs. Peterson, a 56-year-old woman, sat nervously in her doctor's office in Newport Beach, California. For months, she had been experiencing stomach pains, cramping, weight loss and had little to no appetite. She thought she had noticed blood in her stool but she wasn't sure. She was hoping to get some answers from Dr. Blair at her appointment. During her examination, she told Dr. Blair about all of her symptoms. Dr. Blair opined that it was just a simple case of indigestion or gastritis (inflammation).

Although relieved at the diagnosis, Mrs. Peterson was a bit concerned because she felt like Dr. Blair was rushed during her examination. He complained that he had too many patients to see and didn't understand how to work the new EHR system at the office. She also felt like he brushed off her mentioning about her family history of bladder and stomach cancer. Nevertheless, she was pleased that he only recommended over the counter antacids and plenty of water. Dr. Blair advised that a follow-up appointment was not necessary.

By June of 2012, Mrs. Peterson's symptoms had worsened. Although Dr. Blair scheduled a drop-in appointment for Mrs. Peterson on June 1st, he again seemed hurried and failed to order any diagnostic testing such as an endoscopy or lab work. He instead recommended that she stay away from spicy foods.

This order was difficult for Mrs. Peterson because she loved ethnic foods and routinely cooked homemade Thai and Indian foods. Although still concerned about her stomach issues, Mrs. Peterson trusted Dr. Blair and did not feel it was necessary to obtain a second opinion from another physician, or seek a specialty consultation with a Gastroenterologist.

On December 5, 2012, Mrs. Peterson was admitted to the Emergency Department at Oceanview Hospital after fainting in her home. She was found unconscious by a neighbor and the paramedics responded right away. The paramedics performed CPR and transported Mrs. Peterson to Oceanview Hospital. While Mrs. Peterson was in the ICU, she was diagnosed with stomach cancer, which appeared to have spread to other vital organs in her body. She also sustained broken ribs from the CPR that was performed by the paramedics.

On December 10, 2012, Mrs. Peterson underwent surgery to remove sections of her stomach and liver. She commenced chemotherapy and radiation therapy shortly thereafter.

On March 3, 2013, Mrs. Peterson filed a lawsuit against Dr. Blair for delayed diagnosis of her stomach cancer which caused it to spread resulting in removal of sections of her stomach and liver. She also named the paramedics and Oceanview Hospital as defendants in the medical malpractice lawsuit. All defendants were provided with the appropriate 90-day Notice of Intent to file suit.

Questions:

1. What is the likelihood of success that Mrs. Peterson can meet the Burden of Proof requirements for her medical malpractice action?
2. What types of expert witnesses do you think will be helpful to this case?
3. What are the potential defenses that will be raised by counsel for each defendant?